Family of disabled man files wrongful death lawsuit against Freetown facility

A wrongful death lawsuit was filed Monday against Assonet-based Crystal Springs, its president and CEO and several unnamed employees on behalf of a 21-year-old severely disabled Assonet man who died after swallowing a latex glove in October 2011.

A wrongful death lawsuit was filed Monday against Assonet-based Crystal Springs, its president and CEO and several unnamed employees on behalf of a 21-year-old severely disabled Assonet man who died after swallowing a latex glove in October 2011.

The suit, which was filed in Bristol County Superior Court, alleges that Crystal Springs’ staff failed to keep Grant Pearson safe and did not provide adequate medical care to save his life.

“What stands out most clearly in this case is the lack of policies, training and basic emergency care at this facility,” said Somerset Attorney Steven P. Sabra, who filed the lawsuit on behalf of Pearson’s family.

“Crystal Springs holds themselves out as a facility that can care for disabled children and young adults, and they failed in this case, with tragic results,” Sabra added.

Crystal Springs CEO Spencer A. Moore, who is named as a defendant in the lawsuit, said Monday that he had not seen the complaint, and added that Crystal Springs’ insurance attorneys would decide if they wanted to comment on the lawsuit.

Crystal Springs’ attorneys did not comment Monday.

Moore said he knew of a separate complaint that was filed several months after Pearson’s death.

“We turned this over to our insurance company. It’s being handled by them,” Moore said.

At the time of his death, Pearson was a resident at Crystal Springs, which, according to its website, provides specialized educational, therapeutic and residential services to children and adults living with severe to profound physical and mental disabilities.

Pearson suffered from pica, a condition in which a person swallows or mouths inedible objects, according to the lawsuit.

On Oct. 25, 2011, a Crystal Springs employee showered Pearson in a bathroom stall. Latex gloves, which were used by the staff in performing assisted daily living activities, were left in the bathroom in an unlocked drawer and on the tub railing, according to the complaint.

Pearson had been dressed and left to walk the hallway when he suddenly began vomiting and fell to his knees, unable to breathe, the lawsuit states. A staff member saw him vomiting and noticed that his lips had turned blue. Other staff were summoned and, after a delay, tried to assemble the oxygen bag and use it to provide air to Pearson, who by then was foaming at the mouth and unresponsive, according to the complaint.

Though his airway was restricted, the complaint alleges that the nursing staff did not attempt to clear Pearson’s airway or apply any other life-saving techniques to prevent him from choking to death. Instead, the nursing staff applied chest compressions, according to the complaint.

Meanwhile, attempts to call 911 were delayed because the staff did not know the code to dial an outside line. Pages to the on-call nursing staff at another location on the campus were ineffective, the complaint alleges.

Page 2 of 2 -
When paramedics arrived, they removed a latex glove from Pearson’s throat with the use of forceps. However, it was too late to revive Pearson, who was pronounced dead at the hospital a short time later, according to the complaint.

The lawsuit seeks damages for the alleged wrongful death, as well as punitive damages against the defendants “for their wanton and reckless behavior.”

Also, a claim under the Consumer Protection Act was added, alleging unfair and deceptive acts and practices in the provision of residential services and care to severely disabled children.

“This is a terrible loss for the family, who thought they were entrusting their special child to a place where he would be safe,” Sabra said, adding, “It’s also very difficult and even maddening to think how fearful and confused Grant Pearson was in those last moments as he was gasping for air.”

After Pearson’s death, the complaint states, investigators from the Massachusetts State Police and the Disabled Persons Protection Commission found several key deficiencies at Crystal Springs, which included that the staff was not properly trained on all pieces of equipment, such as the oxygen bag, masks and oxygen tanks.

Investigators also determined that the facility had no clear policy of storage and disposal of latex gloves within the facility; that emergency response systems such as the phone and paging system were lacking and needed improvement; that behavior monitoring and treatment plans for people diagnosed with pica should have been more strictly enforced; that psychology data on Pearson’s pica behavior was not being adequately collected and documented; and at least one unidentified staff person failed to ensure all latex gloves were secured, allowing Pearson access to ingest one, which led to his death.

The investigation failed to reveal which staff person or persons were allegedly responsible for allowing access to the glove that Pearson swallowed. None of the staff claimed to have seen him swallow it, according to the complaint.

Sabra said Crystal Springs and its insurance company have not responded to his correspondence and requests for medical records. Sabra added that Pearson’s parents “are hoping that they can get to the bottom of exactly what happened here,” and that they hope the lawsuit will prompt Crystal Springs to improve its training and procedures.